List of United States Supreme Court cases, volume 291
# List of United States Supreme Court cases, volume 291

This is a list of cases reported in volume 291 of United States Reports, decided by the Supreme Court of the United States in 1934.

## Justices of the Supreme Court at the time of volume 291 U.S.

The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court . . .". The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices. Under the Judiciary Act of 1789 Congress originally fixed the number of justices at six (one chief justice and five associate justices). Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices (always including one chief justice).

When the cases in volume 291 were decided the Court comprised the following nine members:

| Justice | Office | Home State | Succeeded | Date confirmed by the Senate (Vote) | Tenure on Supreme Court |
| - | - | - | - | - | - |
| Charles Evans Hughes | Chief Justice | New York | William Howard Taft | February 13, 1930 (52–26) | February 24, 1930 – June 30, 1941 (Retired) |
| Willis Van Devanter | Associate Justice | Wyoming | Edward Douglass White (as Associate Justice) | December 15, 1910 (Acclamation) | January 3, 1911 – June 2, 1937 (Retired) |
| James Clark McReynolds | Associate Justice | Tennessee | Horace Harmon Lurton | August 29, 1914 (44–6) | October 12, 1914 – January 31, 1941 (Retired) |
| Louis Brandeis | Associate Justice | Massachusetts | Joseph Rucker Lamar | June 1, 1916 (47–22) | June 5, 1916 – February 13, 1939 (Retired) |
| George Sutherland | Associate Justice | Utah | John Hessin Clarke | September 5, 1922 (Acclamation) | October 2, 1922 – January 17, 1938 (Retired) |
| Pierce Butler | Associate Justice | Minnesota | William R. Day | December 21, 1922 (61–8) | January 2, 1923 – November 16, 1939 (Died) |
| Harlan F. Stone | Associate Justice | New York | Joseph McKenna | February 5, 1925 (71–6) | March 2, 1925 – July 2, 1941 (Continued as chief justice) |
| Owen Roberts | Associate Justice | Pennsylvania | Edward Terry Sanford | May 20, 1930 (Acclamation) | June 2, 1930 – July 31, 1945 (Resigned) |
| Benjamin N. Cardozo | Associate Justice | New York | Oliver Wendell Holmes Jr. | February 24, 1932 (Acclamation) | March 14, 1932 – July 9, 1938 (Died) |

## Notable Case in 291 U.S.

### Nebbia v. New York

In Nebbia v. New York, 291 U.S. 502 (1934), the Supreme Court ruled that New York State could regulate the price of milk for dairy farmers, dealers, and retailers.

## Federal court system

Under the Judiciary Act of 1789 the federal court structure at the time comprised District Courts, which had general trial jurisdiction; Circuit Courts, which had mixed trial and appellate (from the US District Courts) jurisdiction; and the United States Supreme Court, which had appellate jurisdiction over the federal District and Circuit courts—and for certain issues over state courts. The Supreme Court also had limited original jurisdiction (i.e., in which cases could be filed directly with the Supreme Court without first having been heard by a lower federal or state court). There were one or more federal District Courts and/or Circuit Courts in each state, territory, or other geographical region.

The Judiciary Act of 1891 created the United States Courts of Appeals and reassigned the jurisdiction of most routine appeals from the district and circuit courts to these appellate courts. The Act created nine new courts that were originally known as the "United States Circuit Courts of Appeals." The new courts had jurisdiction over most appeals of lower court decisions. The Supreme Court could review either legal issues that a court of appeals certified or decisions of court of appeals by writ of certiorari. On January 1, 1912, the effective date of the Judicial Code of 1911, the old Circuit Courts were abolished, with their remaining trial court jurisdiction transferred to the U.S. District Courts.

## List of cases in volume 291 U.S.

| Case name | Citation | Opinion of the Court | Vote | Concurring opinion or statement | Dissenting opinion or statement | Procedural jurisdiction | Result |
| - | - | - | - | - | - | - | - |
| Connell v. Walker | 291 U.S. 1 (1934) | Stone | 9-0 | none | none | certiorari to the North Dakota Supreme Court (N.D.) | judgment affirmed |
| Wolfle v. United States | 291 U.S. 7 (1934) | Stone | 9-0 | none | none | certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) | judgment affirmed |
| Federal Compress and Warehouse Company v. McLean | 291 U.S. 17 (1934) | Stone | 9-0 | none | none | appeal from the Mississippi Supreme Court (Miss.) | judgment affirmed |
| City Bank Farmers Trust Company v. Schnader, Attorney General of Pennsylvania | 291 U.S. 24 (1934) | Roberts | 9-0 | none | none | appeal from the United States District Court for the Eastern District of Pennsylvania (E.D. Pa.) | decree reversed, and cause remanded |
| Freuler v. Helvering, Commissioner of Internal Revenue | 291 U.S. 35 (1934) | Roberts | 6-3 | none | Cardozo (opinion; joined by Brandeis and Stone) | certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) | judgment reversed |
| Whitcomb v. Helvering, Commissioner of Internal Revenue | 291 U.S. 53 (1934) | Roberts | 6-3 | none | Brandeis, Stone, and Cardozo (without opinions) | certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.) | judgment reversed |
| R.H. Stearns Company v. United States | 291 U.S. 54 (1934) | Cardozo | 8-0[a] | none | none | certiorari to the United States Court of Claims (Ct. Cl.) | judgment affirmed |
| Federal Trade Commission v. Algoma Lumber Company | 291 U.S. 67 (1934) | Cardozo | 9-0 | none | none | certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) | judgment reversed |
| Morrison v. California | 291 U.S. 82 (1934) | Cardozo | 9-0 | none | none | appeal from the California Supreme Court (Cal.) | judgment reversed, and cause remanded |
| Snyder v. Massachusetts | 291 U.S. 97 (1934) | Cardozo | 5-4 | none | Roberts (opinion; with which Brandeis, Sutherland, and Butler concurred) | certiorari to the Massachusetts Superior Court for Middlesex County (Mass. Super. Ct.) | judgment affirmed |
| Pigeon River Improvement, Slide and Boom Company v. Charles W. Cox, Ltd. | 291 U.S. 138 (1934) | Hughes | 9-0 | none | none | appeal from the United States Court of Appeals for the Eighth Circuit (8th Cir.) | judgment reversed, and cause remanded |
| Helvering, Commissioner of Internal Revenue v. Canfield | 291 U.S. 163 (1934) | Hughes | 9-0 | none | none | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.), and to the United States Court of Appeals for the Ninth Circuit (9th Cir.) | judgment affirmed in one case; judgment reversed in one case |
| Williams v. Union Central Life Insurance Company | 291 U.S. 170 (1934) | Hughes | 9-0 | none | none | certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.) | judgment affirmed |
| Helvering, Commissioner of Internal Revenue v. Falk | 291 U.S. 183 (1934) | McReynolds | 6-3 | none | Stone (opinion; with which Brandeis and Cardozo concurred) | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) | judgment affirmed |
| Reynolds, Collector of Internal Revenue v. Cooper | 291 U.S. 192 (1934) | McReynolds | 9-0 | Brandeis, Stone, and Cardozo (joint short statement) | none | certiorari to the United States Court of Appeals for the Tenth Circuit (10th Cir.) | judgment affirmed |
| Brown v. Helvering, Commissioner of Internal Revenue | 291 U.S. 193 (1934) | Brandeis | 9-0 | none | none | certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) | judgment affirmed |
| Moore v. Chesapeake and Ohio Railroad Company | 291 U.S. 205 (1934) | Hughes | 9-0 | none | none | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) | judgment reversed, and cause remanded |
| United States v. Chambers | 291 U.S. 217 (1934) | Hughes | 9-0 | none | none | appeal from the United States District Court for the Middle District of North Carolina (M.D.N.C.) | judgment affirmed |
| Clark's Ferry Bridge Company v. Public Service Commission of Pennsylvania | 291 U.S. 227 (1934) | Hughes | 9-0 | none | none | appeal from the Superior Court of Pennsylvania (Pa. Super. Ct.) | judgment affirmed |
| Standard Oil Company of California v. California | 291 U.S. 242 (1934) | McReynolds | 9-0 | none | none | appeal from the California Supreme Court (Cal.) | judgment reversed, and cause remanded |
| Texas and Pacific Railroad Company v. Pottorff | 291 U.S. 245 (1934) | Brandeis | 9-0 | none | none | certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.) | judgment affirmed |
| City of Marion v. Sneeden | 291 U.S. 262 (1934) | Brandeis | 9-0 | none | none | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) | judgment affirmed |
| United States v. Provident Trust Company | 291 U.S. 272 (1934) | Sutherland | 9-0 | none | none | certiorari to the United States Court of Claims (Ct. Cl.) | judgment affirmed |
| Alabama v. Arizona and others | 291 U.S. 286 (1934) | Butler | 9-0 | Stone (without opinion) | none | original | leave to file a complaint against 19 States denied |
| International Brotherhood of Teamsters, Local 167 v. United States | 291 U.S. 293 (1934) | Butler | 9-0 | none | none | appeal from the United States District Court for the Southern District of New York (S.D.N.Y.) | judgment affirmed |
| Pacific Telephone and Telegraph Company v. City of Seattle | 291 U.S. 300 (1934) | Stone | 9-0 | none | none | appeal from the Washington Supreme Court (Wash.) | judgment affirmed |
| Federal Trade Commission v. R.F. Keppel and Brother, Inc. | 291 U.S. 304 (1934) | Stone | 9-0 | none | none | certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.) | judgment reversed |
| Murray v. Joe Gerrick and Company | 291 U.S. 315 (1934) | Roberts | 9-0 | none | none | certiorari to the Washington Supreme Court (Wash.) | judgment affirmed |
| Manhattan Properties, Inc. v. Irving Trust Company | 291 U.S. 320 (1934) | Roberts | 9-0 | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgments affirmed |
| Booth v. United States | 291 U.S. 339 (1934) | Roberts | 9-0 | none | none | certified questions from the United States Court of Claims (Ct. Cl.) | certified questions answered |
| Hartford Accident and Indemnity Company v. N.O. Nelson Manufacturing Company | 291 U.S. 352 (1934) | Cardozo | 9-0 | none | none | appeal from the Mississippi Supreme Court (Miss.) | judgment affirmed |
| New Jersey v. Delaware | 291 U.S. 361 (1934) | Cardozo | 9-0 | none | none | original | boundary set |
| United States v. Jefferson Electric Manufacturing Company | 291 U.S. 386 (1934) | VanDevanter | 9-0 | none | none | certiorari to the United States Court of Claims (Ct. Cl.) | judgments reversed, and causes remanded |
| Best v. District of Columbia | 291 U.S. 411 (1934) | Hughes | 9-0 | none | none | certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.) | judgment reversed |
| Hamburg-American Line v. United States | 291 U.S. 420 (1934) | Hughes | 9-0 | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment affirmed |
| Helvering, Commissioner of Internal Revenue v. American Chicle Company | 291 U.S. 426 (1934) | McReynolds | 9-0 | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment reversed |
| Chase National Bank v. City of Norwalk | 291 U.S. 431 (1934) | Brandeis | 9-0 | none | none | certiorari to the United States Court of Appeals for the Sixth Circuit (6th Cir.) | decree reversed, and cause remanded |
| Miguel v. McCarl | 291 U.S. 442 (1934) | Sutherland | 9-0 | none | none | certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.) | judgment affirmed in part, and reversed in part |
| United States v. Illinois Central Railroad Company | 291 U.S. 457 (1934) | Sutherland | 9-0 | Stone (opinion; with which Brandeis, Roberts, and Cardozo concurred) | none | appeal from the United States District Court for the District of Delaware (D. Del.) | decree reversed |
| Trinityfarm Construction Company v. Grosjean, Supervisor of Public Accounts of Louisiana | 291 U.S. 466 (1934) | Butler | 9-0 | Cardozo (without opinion) | none | appeal from the United States District Court for the Eastern District of Louisiana (E.D. La.) | judgment affirmed |
| Pagel v. Pagel | 291 U.S. 473 (1934) | Butler | 9-0 | none | none | certiorari to the Minnesota Supreme Court (Minn.) | judgment affirmed |
| Globe Indemnity Company v. United States ex rel. Steacy-Schmidt Manufacturing Company, Inc. | 291 U.S. 476 (1934) | Stone | 9-0 | none | none | certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.) | judgment reversed |
| Helvering, Commissioner of Internal Revenue v. Newport Company | 291 U.S. 485 (1934) | Stone | 9-0 | none | none | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) | judgment reversed |
| Landress v. Phoenix Mutual Life Insurance Company | 291 U.S. 491 (1934) | Stone | 8-1 | none | Cardozo (opinion) | certiorari to the United States Court of Appeals for the Sixth Circuit (6th Cir.) | judgment affirmed |
| Nebbia v. New York | 291 U.S. 502 (1934) | Roberts | 5-4 | none | McReynolds (opinion; with which VanDevanter, Sutherland, and Butler concurred) | appeal from the New York County Court for Monroe County (N.Y. Cnty. Ct.) | judgment affirmed |
| Hansen v. Haff, Acting Commissioner of Immigration | 291 U.S. 559 (1934) | Roberts | 8-1 | none | Butler (opinion) | certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) | judgment reversed |
| Life and Casualty Insurance Company of Tennessee v. McCray | 291 U.S. 566 (1934) | Cardozo | 6-3 | none | VanDevanter, Sutherland, and Butler (without opinions) | appeal from the Arkansas Supreme Court (Ark.) | judgment affirmed |
| Life and Casualty Insurance Company of Tennessee v. Barefield | 291 U.S. 575 (1934) | Cardozo | 9-0 | none | none | appeal from the Arkansas Supreme Court (Ark.) | judgment affirmed |
| Travelers Protective Association of America v. Prinsen | 291 U.S. 576 (1934) | Cardozo | 8-1 | none | Stone (opinion) | certiorari to the United States Court of Appeals for the Tenth Circuit (10th Cir.) | judgment reversed |
| Chassaniol v. City of Greenwood | 291 U.S. 584 (1934) | Brandeis | 9-0 | none | none | appeal from the Mississippi Supreme Court (Miss.) | judgment affirmed |
| Arrow-Hart and Hegeman Electric Company v. Federal Trade Commission | 291 U.S. 587 (1934) | Roberts | 5-4 | none | Stone (opinion; with which Hughes, Brandeis, and Cardozo concurred) | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment reversed |
| Massey v. United States | 291 U.S. 608 (1934) | per curiam | 9-0 | none | none | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) | judgment reversed, and cause remanded |
| Ex parte Baldwin | 291 U.S. 610 (1934) | Brandeis | 9-0 | none | none | petition for writ of mandamus to the United States District Court for the Southern District of Texas (S.D. Tex.) | mandamus denied |
| Puget Sound Power and Light Company v. City of Seattle | 291 U.S. 619 (1934) | Stone | 9-0 | VanDevanter (opinion; with which McReynolds, Sutherland, and Butler concurred) | none | appeal from the Washington Supreme Court (Wash.) | judgment affirmed |
| Seattle Gas Company v. City of Seattle | 291 U.S. 638 (1934) | Stone | 9-0 | VanDevanter, McReynolds, Sutherland, and Butler (without opinions) | none | appeal from the Washington Supreme Court (Wash.) | judgment affirmed |

    [a] Stone took no part in the case
